Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Competition Act covers anticompetitive conduct in markets within Argentina and overseas business activities to the extent that Argentine markets are affected.
More specifically, Section 4 of the Act provides that all natural or legal, public or private, profit or non-profit persons, performing economic activities in whole or part of the national territory and those performing economic activiti …

Scope

Until recently, the competition process in Argentina was governed by the Argentine Competition Act for the Defense of Competition No 25.156 of 1999 ("the Competition Act"). The two main novelties of the Competition Act were the introduction of a merger control procedure and the creation of a new competition law enforcement body, the Tribunal for the Defense of Competition. However, in the end, such a Tribunal was never created and the procedures and powers conferred to the Tribunal by the Competition Law were in fact exercised by the National Commission for the Defense of Competition ("the Antitrust Commission"). Only after the 2015 elections did competition law enforcement become a top priority for the Government. A first step in this new approach was the amendment of the Competition Act by Act No 26.993 of 19 September 2014 which purported to establish a new authority in charge of the application of the Competition Act and replacing the Tribunal for the Defense of Competition. However, like for the Tribunal, the authority was not immediately established and its missions were entrusted to the Secretary for Trade. In late 2016, the new President of the Antitrust Commission issued a draft for a new Competition Act which was finally adopted on 9 May 2018. Act No 27.442 aims at fostering competition law in Argentina by establishing a per se prohibition of hardcore cartels, strengthening the sanctions (fines may represent up to 30% of the turnover related to the products or services concerned by the infringement), introducing a leniency programme and creating a decentralized and autonomous National Competition Authority with full decision-making power and a National Antitrust Court of Appeals. Finally, the Act provides for a set of rules which streamline the exercise of damages actions for infringement of competition law. 

The Competition Act currently regulates three types of conduct: anticompetitive agreements; abuses of dominance; and mergers. Unfair competition is regulated by a specific law which was the Commercial Loyalty Law No 22.802 governing false product labeling, false and misleading advertising and false country of origin denomination. The said law was amended by the Decree No 274/19 enacted on 15 May 2018 which aims to refresh Argentine competition law by promising, for instance, the creation of an independent National Competition Authority and the implementation of a suspensory merger control regime. Enforcement of the prohibition of unfair practices is exercised by the National Bureau of Interior Trade.

However, upon the arrival of the new president in 2019, Decree No 36/2019 was issued instructing ministers, secretaries and other authorities to reform the principal changes made by the previous administration. 

Furthermore, in 1996, Argentina signed with the other members of Mercosur (Brazil, Paraguay and Uruguay) an agreement on competition policy called the Fortaleza Protocol. The purpose of the agreement was the creation of a supra-national Committee for the Defense of Competition which would have enforcement powers in matters referred to it by the national competition authorities. The Fortaleza Protocol is not yet in force as only Brazil and Paraguay have ratified it.

Context

The Competition Act covers anticompetitive conduct in markets within Argentina and overseas business activities to the extent that Argentine markets are affected.

More specifically, Section 4 of the Act provides that all natural or legal, public or private, profit or non-profit persons, performing economic activities in whole or part of the national territory and those performing economic activities outside the country, to the extent their acts, activities or agreements affect the national market, are subject to the provisions of the Act.

Global Competition Law

765. Scope

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Les notions juridiques connexes

765. Scope

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Les notions juridiques connexes

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